The Grenada gazette. (Grenada, Miss.) 1885-18??, 1887-04-02

The Laws Of England Regulating
It's Appropriations.
.rhe Right Of the Crown to Treasure.
TROY. and Some Remarkably
Fine Distinctlons-A Complete
Change, Of Late.

1ne Home Office notice as to acci-
dentally discovered treasure, technic-
ally termed treasure-trove, effects a
great change in the practice, if not in
the law. Although the arrangement is
avowedly a tentative one, and the
rights of the Crown are expressly pre-
served, there can be little doubt that
the regulations of the Lords of the
| Treasury will practically supcrsede the
law, or at any rate render it obsolete.
In future, all finders of treasure-trove
on condition that they report their
discoveries to the authorities-are to
be entitled to all such articles as are
not actually required for national in
stitutions, and to the antiquarian value
Of those that are so required, less
twenty per cent. But although the
proceeding seems to be a little irregu-
lar, it is certainly a step in the right
direction. The rights of the Crown
to treasure-trove have without
doubt led to many a "fnd''
being concealed. Old gold and
silver coins Of almost priceless value TO
numismatists. rare silver plate of
unique interest to collectors. and OBJ
jects innumerablc of ''bigotry and vir-
tue have often been Struggled into
the melting-pot, and converted with all
speed into a shapless mas of metal.
This was the fate Of a quantity of
probably Saxon jewelry found by a
laborcr when blowing a field near
Hastings some twenty years ago. The
plow uncnrthed a number of old rings
and chains, which the plowman sold
for old brass at siypence a pound.
When melted down. the eleven pounds
of old gold realized five hundred and
thirty pounds sterling. 1t is, of course,
impossible to estimate the antiquarian
value of such a find. and the case illus
trates the temptations of the law. The
sterling value Of gold and silver is
enough to tempt ignorant cupidity;
and it is easy to conjure up instances
in which objects Of surprising his
torical and archaeological interest have
been recklessly destroyed. On this
ground alone, then, the Home Office
order is abundantly justified.
The right of the Crown to treasure
'trove al ut any rate boast a respecta-
bic antiquity, for it rests upon the
Kings prerogative of coinage. This
right, under which all gold and silver
mines were declared to be royal. and
in pursuance of which. under various
statutes, the Crown has the right Of
purchasing the ore of those copper. tin,
or lead mines in which gold or silver
may be found, at the price Of the bascr
metal, seems to have been founded on
the notion hat it was necessary to sup
ply the King with material for the COIN
age; at least it is put no higher in the
books.
"Ireasurc-trOve" has been defined
as consisting Of ''money or coin, gold,
silver, plate, or bullion;'' and must be
found "hidden." In other words,
nothing is included under the designa-
ton except gold and silver; and al
though it is practically immaterial
where it is hidden. there must be evil
dence OF actual hiding. Thus, it is not
to show that It was lost
or abandoned. The distinction is illus
trative of the subtleties in which the
Law delights. If treasure be found on
the ground or in the sea, and there is
nothing to show who 10 the owner. it
belongs to the finder; but II it be found
buried In the earth or In root or walls
Of a house, it is treasure-trove. and be-
longs to the Crown. The difference
lies in the intention Of the owner. The
TACT Of the hiding Is held to be evidence
d the owners intention not to relin-
9ulsh his rights Of property. But, on
inc other hand, treasure which has
oeen thrown into the sea otherwise
'nan as flotsam, jetsam. or ligan, or
's't on the ground, is returned, as